HomeMy Public PortalAbout2008_05_13
COUNCIL MEETING
May 13, 2008
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Katie Sheldon Hammier, Susan Horne, Ken Reid, David
Schmidt, Kevin Wright and Mayor Kristen Umstattd.
Council Members Absent: Council Member Martinez arrived at 8: 12 p.m.
Staff Present: Town Manager John Wells, Deputy Town Attorney Jeannette Irby,
Deputy Town Manager Kaj Dentler, Assistant to the Town Manager Kathy Leidich,
Chief of Police Joseph Price, Chief of Accounting and Reporting Kim Williams,
Environmental Planner Irish Grandfield, Recreation Programs Manager Kate Trask,
Management Specialist/Deputy Clerk of Council Debi Parry, and Clerk of Council Lee
Ann Green
AGENDA
ITEMS
A. Invocation by Mayor Umstattd
B. Salute to the Flag was led by Council Member Reid
C. Roll Call showing Council Member Martinez absent.
D. Minutes
a. Work Session Minutes of March 10, 2008
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the minutes were passed 6-0-1 (Martinez absent)
b. Regular Session Minutes of March 25, 2008
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the minutes were passed 6-0-1 (Martinez absent)
c. Work Session Minutes of April 21, 2008
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the minutes were passed 6-0-1 (Martinez absent)
E. Presentations
1. Certificates of Appreciation - Keep Leesburg Beautiful
Debi Parry stated 189 bags of trash were collected by volunteers
through the Keep Leesburg Beautiful program. The volunteers were
recognized with Certificates of Appreciation:
Kristen Umstattd
Susan Horne
Marty Martinez
Comcast
Jennifer Eaton
Kate Trask
Debi Parry
John Wells
Kelly Burk
Dawn O'Connor
Jim Sisley
Debbie Wells
Irish Grandfield
Kendrick Umstattd
Kathleen Leidich
Oaklawn
Timberland
Virginia McGuire
Caroline Fetterman
David Butler
Dylan Gordijenko
Lisa Capraro
Town Council Meeting of May 13. 2008
Wendy Overton
James Overton
Linda Elliott
Todd Wright
Anthony Jackson
Areanna Scott
Anna Zohore
Bryan Martinez
Braxton O'Dell
Donnell Coates
Duron Norris
Eugene Asamoah
Edwin Vasquez
John Amenyah
Josh Jackson
Jonique Mitchell
Kemberly Valenzuela
Marvin Nrrymah
Nashurah Russell
Ouleymatou Diallo
Samuel Amenyah
Stanley Hernandez
Sunny Pawar
Steven Vanegas
Tony Conway
Taelon Wright
Gretchen Fish
Lindsey Brooks
Ryan Wright
Awa Diallo
Ali McConnell
Aalijah Smith
Bria Goode
Brenda Melecio
Bria O'Dell
Denise Nguimooh
Darius Taylor
Eric Costello
Ivan Nguimooh
Jarvis Asamoah
Jack Meadows
Kennedy Jenkins
Marianita Garcia
Nakea Frye
Natejah Smith
Queenly Nrrymah
Saria Baires
Steven Meadows
Sharyssa Rock
Travon Bush
Tenaya Tibbs
Yolande Ndjomgoue
2. Certificate of Appreciation - Randy Morris
A Certificate of Appreciation was awarded to Randy Morris for his
service to the Leesburg Airport Commission from September 2005 through
April of 2008.
3. Proclamation - Business Appreciation Week
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the proclamation was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
PROCLAMA TION
BUSINESS APPRECIATION WEEK
May 11 - May 17,2008
WHEREAS, the Town of Leesburg is home to a diversified community
over 1,500 businesses; and
WHEREAS, the Town actively supports its local business community
and is working to make Leesburg a better place to start and grow a business;
and
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Town Council Meeting of Mav 13. 2008
Page 4
WHEREAS, the Town's business community is committed to make a
difference for the citizens of Leesburg; and
WHEREAS, these businesses provide local services and revenues from
which the entire local citizenry benefit; and
WHEREAS, we recognize and appreciate that the local businesses have
chosen to locate in the Town of Leesburg.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the week of May 11 through May 17 in the year 2008 as
Business Appreciation Week in the Town of Leesburg, and by virtue of this
proclamation, recognize our existing businesses, and give notice to our citizens
that the businesses of Leesburg are exemplifying this year's theme of "Virginia:
The State of Small Business."
PROCLAIMED this 13th day of May 2008.
4. Proclamation - National Tourism Week
PROCLAMA TION
25th Annual National Tourism Week
Discover Great American Traditions
May 10 - May 18, 2008
WHEREAS, the Travel Industry Association announces the silver, 25th
annual national Tourism Week titled' Discover Great American Traditions' to
celebrate the power of travel through our town, county and state; and
WHEREAS, the tourism industry contributes substantially to the
Leesburg community cultural and social well being by way of the attractions,
special events, arts, shopping and dining opportunities; and
WHEREAS, each Leesburg household receives more than $176.00
annually in combined Town and County tax relief as a result of visitor spending;
and
WHEREAS, 4,522 visitors to the Town Hall Visitors center alone
generated more than $3,014,000 in direct visitor spending to the Town of
Leesburg; and
WHEREAS, we strive to maintain Leesburg's position as a "must see"
for visitors from around the globe.
THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia
hereby proclaim the week of May 10 through May 18 in the Year 2008 as
"Travel & Tourism; Discover Great American Traditions" in the Town of
Town Council Meetinq of Mav 13. 2008
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Leesburg and urge the citizens to support our local tourism industry
businesses.
PROCLAIMED this 13th day of May 2008.
5. Environmental Advisory Commission - Energy Star Change a
Light, Change the World Campaign
Virginia McGuire, Chairman, Environmental Advisory Commission,
introduced Mary Haberl, Commission member. She stated Dr. Haberl is
bringing forth an initiative to leverage resources by working with other
organizations to help the Town achieve its environmental goals. She
recommended that citizens go to the Energy Star website at
www.energystar.com and sign up.
On a motion by Vice Mayor Horne, seconded by Council Member
Wright, the following motion was proposed:
RESOLUTION 2008-72
Supporting Town Participation in the Energy Star Change a Light,
Change the World Campaign
The motion was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
5. Proclamation - National Police Week
On a motion by Vice Mayor Horne, seconded by Council Member
Hammier, the following Proclamation was proposed:
The motion was approved by the following vote:
Aye: Hammier, Horne, Reid, Schmidt, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Martinez absent)
PROCLAMA TION
NA TIONAL POLICE WEEK
MAY 11 - MAY 17, 2008
WHEREAS, The Congress and the President of the United States have
designated May 15th as Peace Officers Memorial Day, and the week in which
May 15th falls as National Police Week; and
WHEREAS, during this National Police Week the names of almost 200
law enforcement officers who made the ultimate sacrifice in 2007 will be
added to the Law Enforcement Memorial; and
Town Council Meetinq of May 13. 2008
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WHEREAS, the members of the Leesburg Police Department play an
essential role in safeguarding the safety and the rights and freedoms of the
citizens of Leesburg; and
WHEREAS, it is important that all citizens know and understand the
duties, responsibilities, hazards, and sacrifices of their law enforcement
agency, and that members of our law enforcement agency recognize their
duty to serve the people by safeguarding life and property, by protecting
them against violence and disorder, and by protecting the innocent against
deception and the weak against oppression;
THEREFORE, the Mayor and Council of the Town of Leesburg, wishes
to honor and to thank the members of the Leesburg Police Department for
dedicated service to their community and to remember and honor as fallen
heroes those law enforcement officers who, through their courageous deeds,
have made the ultimate sacrifice in service to their community.
PASSED this 13th day of Mav 2008.
F. Petitioners
The petitioners section was opened at 8:07 p.m.
There were no petitioners.
The petitioner's section was closed at 8:07 p.m.
G. Public Hearing
1. Other Post Employment Benefits (OPEB) - Health Insurance
The public hearing was opened at 8: 10 p.m.
Kim Williams stated the Town is required to report this liability on its
financial statements. She recommended the proposed ordinance be adopted
to allow the Town to join the Virginia Pooled OPEB Trust to fully implement
GASB (Government Accounting Standards Board) directives and classify
retiree health care benefits as Other Post Employment Benefits.
The public hearing was closed at 8: 12 p.m.
On a motion by Council Member Wright, seconded by Vice Mayor
Horne, the following motion was proposed
ORDINANCE 2008-0-15
Amending Section 12.1-1 of the Town Code and Chapter 7 of the
Personnel Policy Manual to Establish a Trust for Other Post
Employment Benefits
The motion was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of Mav 13. 2008
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2. Veteran's Park Boundarv Line Adiustment
The public hearing was opened at 8: 14 p.m.
Jeanette Irby stated the documents for the Boundary Line Adjustment
are in the County Attorney's office. She recommended holding the public
hearing open until comments from the County Attorney's office are received.
H. Legislation
ORDINANCES
None
CONSENT AGENDA
On a motion by Council Member Reid, seconded by Council Member
Martinez, the following consent agenda was proposed:
1. Battlefield Parkway Trail between Sycolin Road and Beauregard
Drive
RESOLUTION 2008-67
Battlefield Parkway Trail Between Sycolin Road and Beauregard Drive
2. Making a Reduction of the Performance Guarantee for Public
Improvements Installed in the Western Loudoun Medical
Center - Medical Office Building
RESOLUTION 2008-68
Making a Reduction of the Performance Guarantee for Public
Improvements Installed in the Western Loudoun Medical Center -
Medical Office Building
3. Approving a Supplemental Appropriation of $98,000.00 to the
Parks Department FY2008 Budget to be Used for Improvements
to Brandon Park Resulting from a Community Development
Block Grant Awarded to the Town
RESOLUTION 2008-69
Approving a Supplemental Appropriation of $98,000.00 to the Parks
Department FY2008 Budget to be Used for Improvements to Brandon
Park Resulting from a Community Development Block Grant Awarded
to the Town.
4. Making an Appointment to the Airport Commission - Tom
Dunlap
RESOLUTION 2008-70
Making an Appointment to the Airport Commission
The consent items were approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Schmidt, Wright and
Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Meeting of May 13. 2008
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I REGULAR AGENDA
I. BOARDS AND COMMISSIONS
1. Airport Commission
No report
2. Thomas Balch Library Commission
Council Member Schmidt stated there is a meeting tomorrow night.
3. Board of Architectural Review
Council Member Reid noted they are working on the Design Guidelines.
He stated he communicated the objectives that have been adopted by Council
to ensure the guidelines are adopted by Council in Fall 2008.
4. Cable Television Advisory Commission
Council Member Hammier noted there is a meeting next Tuesday.
5. Commission on Public Art
Council Member Martinez noted there is a meeting on Thursday.
6. Economic Development Commission
Vice Mayor Horne expressed her appreciation for the Business
Appreciation Awards Dinner. She stated the event was very well planned.
7. Environmental Advisory Commission
Council Member Reid noted there would be a meeting next
Wednesday.
8. Information Technology Commission
No report.
9. Parks and Recreation Commission
No report.
10. Planning Commission
Council Member Wright noted there will be a meeting on Thursday.
11. Tree Commission
No report.
12. Standing Residential Traffic Committee
Council Member Reid stated they would be having a meeting to discuss
the need for a sidewalk on the west side of Plaza Street.
J. OLD BUSINESS
There was no discussion of the following items:
1. Parking Summit
2. Loudoun Street Development Options Follow-up
a. Survey
b. Community meeting
3. Joint BOS/Council Meeting
4. Future Plans for Cangiano Tract
Town Council Meetinq of May 13. 2008
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5. Town Code Amendment - noise related issues
6. Site Plan review time limits
7. Councilmanic Liaison Code Changes
8. Special Exception requirements for similar uses
9. Lawson Road
10. Civic Sign Follow-up
11. SAGE Project Follow-up
K. NEW BUSINESS (FOR CONSIDERATION TONIGHT)
1. PPEA Waiver and Acceptance
Council Member Schmidt stated this is a very serious proposal that
could be very positive for the Town. He stated he supported the fee waiver.
Mayor Umstattd agreed stating she supports the fee waiver.
Ms. Irby stated staff had weighed the fee waiver very carefully. She
stated they did not want to establish a precedent of waiving fees in every
case. She stated under this specific circumstance, a fee waiver would be
appropriate.
Vice Mayor Horne stated there is valid logic to waiving the fee. She
stated she would like information gathering to continue as she believes the
park concept should proceed along in parallel fashion.
Council Member Martinez agreed that this proposal has a lot of merit.
Council Member Hammier stated she supports waiving the fee and
looks forward to making significant progress in evaluating all the options.
Council Member Wright stated this gives us an opportunity for further
momentum downtown.
Council Member Reid stated he is very pleased to see this proposal and
supports the fee waiver. He stated he hopes to see other solicitations for this
property and others.
Mr. Wells stated he will be reviewing the proposal working under the
assumption that they have completed everything. He stated he would report
back to Council and begin advertising for other bids. He stated one of the
steps in the evaluation process is to provide an opportunity for others to
provide proposals. He stated Council could opt to solicit a proposal with
criteria.
On a motion by Council Member Hammier, seconded by Council
Member Wright, the following was proposed:
RESOLUTION 2008-71
Waiver of fee for Unsolicited Public Private Education Facilities and
Infrastructure Act Proposal for Loudoun Street Development and
Direction to Accept Proposal for Further Analysis
The motion was approved by the following vote:
Aye: HammIer, Horne, Martinez, Reid, Schmidt, Wright and
Mayor Umstattd
Town Council Meetinq of Mav 13. 2008
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Nay: None
Vote: 7-0
L. COUNCIL COMMENTS
Council Member Reid congratulated Karen Jones on her hiring as the Town's
Business Retention Coordinator. He also congratulated the Mayor on winning her re-
election as well as Council Member Hammier for winning re-election and Council
Members-Elect Butler and Dunn on their elections. He questioned whether a Charter
Amendment could be accomplished to move elections to a weekend day so that voter
turnout would not be so disappointing. He said he spoke with returning National
Guardsmen at last month's ceremonies at the Armory and was impressed with their
support for our efforts in Iraq. He asked that Rabbi Michael Ragozin be invited to
deliver the benediction at the Swearing-in Ceremony on July 1. He assured Vice
Mayor Horne and the residents of the Southwest Quadrant that he is not working to
kill the Southwest Connector Trail. He stated he was pleased to have been able to
attend part of the celebration for the return of the National Guard troops.
Council Member Wright congratulated the Mayor, Council Member Hammier
and Council Members-Elect Dunn and Butler. He congratulated Frank Holtz for
running a very good campaign. He acknowledged Ida Lee Recreation Center for
hosting the polling for the precinct that formerly voted at the Fire Station. He stated
Ida Lee did a great job. He apologized for not being able to attend the Business
Appreciation Awards Dinner, but congratulated the winners. He disclosed a phone
call with Colleen Gillis-Snow. He gave a brief Relay-For-Life update noting that there
are only 19 days left until the event. He stated there is still time to sign up to walk
and/or contribute to the cause. He stated the Dollars for Dogs and the Pie in the
Face events will raise funds for this cause. He extended his appreciation to
Management Specialist Debi Parry for her work coordinating the fundraising and to
all Town Staff that are participating. He requested that Councilmanic Liaison Code
changes be on the worksession agenda for the next meeting. He also asked that the
Council review their Rules of Order.
Council Member Hammier welcomed home the National Guard troops. She
stated she was very sorry to have missed the welcome home event. She noted she
lived through the reserve experience. She disclosed a meeting with Lisa Capraro and
Peter Burnett. She stated she was very proud of the presentation given by the
Urban Land Institute and Karen Jones to the Loudoun County Economic Development
Commission. She stated she enjoyed the Town employee picnic despite the wet
weather. She stated she appreciated the spirit of cooperation from the landowners
offering easements for the Battlefield Parkway Trail. She congratulated Dave Butler
and Tom Dunn for their elections and noted that Frank Holtz ran a wonderful
campaign. She thanked Town Staff for adding the list of Polling Places to the Town's
Website.
Council Member Martinez apologized for being late. He stated he is grateful
for the rain, even though Lawson Road is flooded and it postponed some baseball
activities. He announced Shenandoah University's Teacher of the Year will be
awarded to a western Loudoun teacher. He congratulated Tom, Katie and Dave. He
stated Frank Holtz ran a great race and stated he is a valuable asset to the Town.
He stated he appreciated everything the National Guard troops have done. He
thanked Melanie Miles for bidding on the Pie in the Face for Relay for Life. He noted
Donations for Dogs is open to the public and he will be helping to serve hot dogs. He
Town Council Meetinq of May 13. 2008
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stated even if someone can't attend one of the fundraising events, they can
contribute through the website. He apologized for missing the Business Awards, but
congratulated all the winners. He congratulated Karen Jones for her hiring and
stated she will be a great asset. He congratulated the Mayor on her re-election. He
stated he will miss Vice Mayor Horne and Council Member Schmidt.
Vice Mayor Horne stated she regretted not being able to welcome the troops
home. She stated she remembered how hard it is to say goodbye to the troops.
She stated she made her contribution to Relay for Life. She stated she was grateful
for the opportunity to attend the Northern Virginia Community Arts Foundation
fundraiser at the National Conference Center. She stated it is a lovely addition to the
community and further noted that Leesburg needs a venue for the performing arts.
She congratulated Patrick Flynn of Pump it Up for running one of the top five
franchises in the country. She congratulated those who won the elections. She
stated Frank Holtz has a lot to offer the community. She stated she would like to
keep the log cabin as a visitor's center and would like to see a report on the addition
of bathroom facilities. She stated she met with the leadership of the Downtown
Improvement Association. She congratulated Karen Jones on her recent hiring as
Business Retention Coordinator. She stated this is a great opportunity to tap into
her expertise and breadth of experience. She stated she is glad to hear Council
Member Reid is supporting the Southwest Trails Task Force.
Council Member Schmidt stated he was glad to see the development of the
Business Appreciation Awards event from 2003. He stated the Town Staff did a nice
job. He congratulated the Mayor and Council Member Hammier on their re-elections.
He congratulated the new Council Members and stated it is harder to serve on the
Planning Commission than it is to serve on the Council. He stated he checked and
there is nothing to prohibit the hazing of new Council Members.
M. MAYOR'S COMMENTS
Mayor Umstattd thanked the Council for their support of the National Guard
troops. She stated the Guardsmen appreciated Leesburg's efforts. She noted that
not every town where a guard unit comes home puts out the level of welcome that
Leesburg did. She stated the entire Council was behind this and them and it made a
huge difference to them. She stated she appreciated Tony Howard and the Chamber
of Commerce for their thanks to the families. She stated there will be a Freedom
Salute in August, which will be a bigger ceremony. She congratulated Dave, Tom
and Katie. She noted that Frank Holtz ran a gentlemanly campaign and stated she
would make a note about hazing of new Council Members.
Council Member Reid stated he wanted to give words of encouragement to
Frank Holtz.
N. MANAGER'S COMMENTS
Mr. Wells noted that the next set of Council meetings after the Memorial Day
holiday would include a 6:30 start time for the Wednesday meeting to allow time for
the Urban Land Institute study presentation. He stated William Ackman, Chief of
Engineering, has been selected at the new Director of Plan Review. He stated this
establishes a stand alone department for plan review as of July 1. He congratulated
the Mayor and Council Member Hammier on their re-elections. He stated that he and
staff are looking forward to working with the new Council Members and they would
be having an appropriate send off for the retiring Council Members.
Town Council Meetinq of May 13. 2008
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o. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
meeting was adjourned at 9:05 p.m.
~~. ~~
'Kriste C. U stattd, Mayor (
Town of Leesburg
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2008_ TCMIN0513